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2026 DAILYLAW 21075 (CAL)

SK. MUJIBAR RAHAMAN ALIAS MUJIBAR RAHAMAN SEKH AND ANR v. STATE OF WEST BENGAL AND ORS.

WPA/9991/2026 · 2026-05-15

Suvra Ghosh

body2026

Judgment text

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13 1155..0055..22002266 Ct. No.15 b.das WPA 9991 of 2026 Sk. Mujibar Rahaman @ Mujibar Rahaman Sekh & anr. Vs. The State of W. B. & Ors. Mr. Samirul Sardar Md. K. Basar Bulbul Mr. Anam Torab …for the petitioners. Gazi Faruque Hossain…for the private respondents. Affidavit of service filed by the petitioners is taken on record. The State and the Panchayat are not represented despite service. Learned counsel for the petitioners submits that the private respondents have raised unauthorized construction in the plot in question recorded as “suna” without obtaining sanction from the concerned Panchayat. The petitioner submitted a representation in this regard before the concerned authority on 16th April, 2026. The representation was received by the concerned Panchayat on 18th April, 2026. The writ petition has been filed on 22nd April, 2026. In view of the above, this Court is inclined to hold that the writ petition has been filed hastily, immediately after submission of the representation before the concerned Panchayat, without allowing sufficient opportunity to the Panchayat to consider the same. 2 The writ petition is premature and is accordingly dismissed. There shall, however, be no order as to costs. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Suvra Ghosh, J.)